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(영문) 서울서부지방법원 2018.04.27 2018고단405
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was sentenced to a suspended sentence of four months of imprisonment with prison labor for the crime of injury at the Goyang Branch of the District Court on August 10, 2017, and the said judgment became final and conclusive on August 18, 2017, and is currently under the suspended sentence.

1. On December 15, 2017, the Defendant is found to be under the influence of alcohol in a restaurant called “D cafeteria” operated by the victim C (n, 61 years of age) in Jeju-si on December 13:10, 2017, and the Defendant ordered the State of the Sea and the State of the State of the Party of the Party of the Party of the Party of the Party of the Party of the Party of the Party of the Party of the Party of the Party of the Party of the Party of the Party of the Party of the Party of the Party.

”라고 하자, “ 야! 너희들 사람 죽이는 것 아무것도 아냐, 이리 와 봐! ”라고 큰소리로 욕설을 하고 고함을 쳐 이에 불안감을 느낀 손님들이 위 식당에서 나가게 함으로써 위력으로 피해자의 식당 운영업무를 방해하였다.

2. The Defendant damaged the property by gathering 50,000 won in the market price owned by the victim at the above time and place, where the victim was in a disturbance, and causing the victim to wear a bridge.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business, the choice of imprisonment) and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment)

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Where actual damage is minor in the area of special mitigation (one month to six months), the scope of the recommended punishment [the scope of the recommended punishment] under Article 1 of the Act on the Sentencing, where the actual damage (including serious efforts to recover damage) is minor in the area of punishment (including damage, etc.) or damage equivalent to a considerable portion of the punishment, the scope of the final punishment due to the aggravation of multiple crimes: Six months to September 1:

2. Sentence;

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